Transforming Crime-Based Deportation

Transforming Crime-Based Deportation (Daniel I. Morales, New York University Law Review, 92 (3), 2017. Why not rid the United States of criminal noncitizens and the disorder they cause? Because, scholars urge, immigrants reduce crime rates, deporting noncitizens with criminal convictions costs far more than it is worth, and discarding immigrants when they become inconvenient is wrong. Despite the force of these responses, reform efforts have made little headway. Crime-based deportation appears entrenched. Can it be transformed, rather than modified at the Read More

Criminal Justice in an Era of Mass Deportation: Reforms from California

Criminal Justice in an Era of Mass Deportation: Reforms from California (Ingrid V. Eagly, 20 New Criminal Law Review 12 (2017 Forthcoming)). After a sustained period of hypercriminalization, the United States criminal justice system is undergoing reform. Congress has reduced federal sentencing for drug crimes, prison growth is slowing, and some states are even closing prisons. Low-level crimes have been removed from criminal law books, and attention is beginning to focus on long-neglected issues such as bail and criminal court fines. Read More

Beyond Respectability: Dismantling the Harms of “Illegality”

Beyond Respectability:  Dismantling the Harms of “Illegality” (Angelica Chazaro, 52 Harv. J. on Legis. 355, 2015) Current pro-immigrant reform efforts focus on legalization. Proposals seek to place as many of the eleven million undocumented people in the United States as possible on a “path to earned citizenship.” However, these reform efforts suffer from a significant and underappreciated blind spot: the strategies used to advocate legalization harm those to whom the path to citizenship is barred — such as those with prior Read More

Mexican migrants and the rise of the deportation regime, 1942-2014

Mexican migrants and the rise of the deportation regime, 1942-2014 (Goodman 2015) Goodman, Adam. 2015. “Mexican Migrants and the Rise of the Deportation Regime, 1942-2014.” University of Pennsylvania. http://repository.upenn.edu/edissertations. This dissertation traces the rise of the deportation regime in the United States from 1942 to the present. It reveals that the origins of the regime are inextricably intertwined with the history of Mexican migration. It uses a diverse array of English- and Spanish-language archival sources from the United States and Read More

Deporting the Pardoned

Deporting the Pardoned. Cade, Jason A. U.C. Davis Law Review (Vol. 46, 2). 2012. Federal immigration laws make noncitizens deportable on the basis of state criminal convictions. Historically, Congress implemented this scheme in ways that respected the states’ sovereignty over their criminal laws. As more recent federal laws have been interpreted, however, a state’s decision to pardon, expunge, or otherwise set aside a conviction under state law will often have no effect on the federal government’s determination to use that Read More

The Discretion That Matters: Federal Immigration Enforcement, State and Local Arrests, and the Civil-Criminal Line

The Discretion That Matters: Federal Immigration Enforcement, State and Local Arrests, and the Civil-Criminal Line (Hiroshi Motomura, 58 UCLA Law Review 1819-58 (2011)). This Article starts by analyzing the conventional wisdom, crystallized in the Ninth Circuit’s 1983 decision in Gonzales v. City of Peoria, that state and local law enforcement officers do not require express federal authorization to make arrests for criminal violations of federal immigration law. This view, I explain, is based on overreliance on the line between civil Read More

The Significance of the Local in Immigration Regulation

The Significance of the Local in Immigration Regulation (Cristina M. Rodriguez, 106 Mich. L. Rev. 567 (2008)). The proliferation of state and local regulation designed to control immigrant movement generated considerable media attention and high-profile lawsuits in 2006 and 2007. Proponents and opponents of these measures share one basic assumption, with deep roots in constitutional doctrine and political rhetoric: immigration control is the exclusive responsibility of the federal government. Because of the persistence of this assumption, assessments of this important Read More

The Legal-Domestic Sources of Immigrant Rights:  The United States, Germany, and the European Union

The Legal-Domestic Sources of Immigrant Rights:  The United States, Germany, and the European Union (Joppke 2001) Joppke, Christian. 2001. “The Legal-Domestic Sources of Immigrant Rights.” Comparative Political Studies 34 (4): 339–66. doi:10.1177/0010414001034004001. This article traces the evolution of two types of immigrant rights—alien rights and the right to citizenship—across three polities (the United States, Germany, and the European Union). It argues that the sources of rights expansion are mostly legal and domestic: Rights expansion originates in independent and activist courts, which Read More